The Bottineau pioneer. (Bottineau, N.D.) 1885-1895, 1887-06-02
TEE INTERSTATE LAW.
The Chairman of the Interstate Com
mission Writes Hanley, of the
Minnesota & Northwestern.
Important Points Made Apparent, One
Being that the Law Must Be
Vigorously Enforced.
The Commission Has No Power to Per.
manently Suspend the Long and
Short Haul Clause, 9

EuOfC maui lauSes
WASHINGTON, Special Telegram. Nav 1s,-
line interstate commission has authorized
the publication Of a letter as to the inter.
probation of which there cannot be two
opinions. The letter is addressed to General
Traffic Manager Hanley, of the Minnesota 4
Northwestern road, who had complained nv
telegraph that his petition asking for relief
from the operations Of the fourth clause of
the act had not been complied with. and re-
questlng that speedy action should be taken.
as his road was being greatly injured by the
enforcement of the law. The l~etter.of the
commission is written evidence that all
roads under Xix circumstances and the pub
lie generally may understand the position of
the commissioner with respect to the law.
The following is the language of the COM
MISSIONS letter:
First-It is obvious that the cases the law
contemplates in which the commission ia an
InoIized to make orders for suspension are ex-
ceptlonaI cases; that is to say, cases whose facts
make them stand apart from ordinary cases. The
act does not define them. It does not state the
GROUNDS mat shall warrant relief, but it plainly
INTENDS that these grounds in every case shall he
special and peculiar; that where only general
reasons operate the general law shall be left to
us afdlnary course. however serious may be the
consequences in particular cases and to Darticu-
iarlroads and interests.
Second-It is also made plain by the act that
hnV order Tor suspension was intended to be
ioased upon an investigation. which should sat-
asIy the commission that the case was in fact ey.
'ceptlonal, fairly within the intent of the nrovis.
Ion mace Tor relief. The Jurisdiction of the com
mission TO make orders is evidently meant to he
somewhat closely restricted. The commission. in
us corresDOndence and otherwise every dav ID
maue aware OF the prevalence in some quarters
OI a VaQl6 notion that nnypar hoe 1o1,~ r~---
upon IL TO interfere anywhere and for any rea-
suns satlstactocy TO itself in order to prevent
wnaI IL may think likely to be harmful: but you,
OF course. indulge no such baseless notion. The
commission, as you will agree, must find its ar
thor1ty IN law and not in its own ideas. right or
policy.
Third-It must he assumed that conpress in
tended the general law, in it's main features at
least. TO be a permanent law for the country. r.
m9st therefore have contemplated that consider
able sacrifices would necessarily be submitted
TO by some parties and some interests. while
the general law was being established. for verv
OBVIOUS reasons; 1t would be quite impo ssible to
introduce considerable changes in the branch of
the law which concerns so intimately the com
MERGE OF the country without serious conse-
qnences TO some private interests. In all such
cases. incidental injuries, however great thew
may be. must necessarily be borne for the GEM
eral good, and if the legislature misjudges as to
what the general good demands it is to be ex-
pected that in due time it will provide a remedy.
FIRST QUESTIONS
10 confront the commission upon its orpaniza-
zion were raised upon applications for relief filed
ny taliroad companies under the fourth section
OF the act. Cases in which companies were
charging more for the shorter than for the longer
maui over the same line in the same direction
were to be met with in all parts of the country.
Inc reasons for doing this were thought by
in many cases absolutely Imperative.
and to concern the interest of the public quite
az much as that Of the roads themselves. The
involved in the question were very
great, and the anticipation Of serious injury
from any SUDDEN change was In some quarters
quite general. The commission. therefore, had
very earnest appeals made to 1t in support Of
applications for relief from boards Of
trade and other public bodies, from representa-
t1ves of large business interests which feared or
to fear destruction or bankruptcy. In
many cases appeals seemed to be made in the
beller that the probability of injury was of itself
sufficient warrant for the commission to inter-
fere, and grant a relieving order. It it's scarcely
to say to you that any such belief was
without legal support. TIL ground for suspen-
sion anywhere of its ordinary opera
IL, rs WOULD 1 not in fact be made ground
sion such general dispensing power
as would not be consistent with sound princi-
pies OF government. Congress has not intimate
a purpose to give such power. If the law in its
general operations were to prove generally and
equally mischievous in all directions, commits
sion, instead of having greater power for that
reason would on the other hand have no power
or suspension whatever, for the simple, plain
reason that there would then be no exceptional
cases for it to act upon. Therefore no cases
oNAN w L Nv IL dSu ~ 1US JuOSIuGuUs
but uniform effects were of course as far from
being possible as they were from being contem-
plated. There must and will be exceptional
cases. In the absence of any specification Of
these in the act itself the commission was
obliged to determine as best it might what cases
were probably in the mind of congress when
EXCEPTIONAL RELIEF$
was provided for. It also found itself confronted
with the question whether railroads might de-
termine for themselves, but at their peril,
whether in any particular case the circum-
and conditions were so far djfferapt no
to Justify a create, charge for the shorter haul,
or whether only upon and in view Of such differ
sion was empowered to act, suspension author
lied by the act was to be ordered after investi-
CATION. This was plainly determined by the act
itself. The commission, however, deemed it
CATION not as complete as it expects to finally
make. This was lone in the belief that no con-
siderable mischief could follow from allowing
the existing conditions Of things to remain for
a brief period, whether then suffered to stand or
not, and that harmful results from a sudden
ehssns .b in s sRe asT T miEht Of ta eerrsy. also to some ssns
Careful carr I''M atndy of so'd the 0pp s4stem which t45
9 %onia otnerw under bs9s nee to reform ma, as
method OF proceeding the commission at the
time. believed had Important advantages and
still believes will conduce to the lest results in
reasons for granting your application, but in
order to warrant it being granted it is not
enough that the application, il considered by it
self. appears to have merits. The commission
must consider in each case what effect giving re-
lief to one applicant will have upon other inter-
ests, and your knowledge of railroad matters
must enable you to perceive that in some Sec
lions OF country the granting OF one application
may so affect the interests of other roads as to
create a necessity for like relief to several mere;
the satisfaction Of one claim begetting others
equally meritorious, until, if all are satisfied,
the exception becomes the rule: but when such
Is the result, the probable reasons for declining
70 make any temporary order are very conclu-
ately. to enter upon a. highway whore,
to all appearance, there will be no halt
ing place within the limits of 1t
lawful jurisdiction. II the general suspension
of long and short haul clause is not to be made
by a single comprehensive order, neither should
the same result be reached or approached by
granting successive orders in individual cases.
In whatever the commission may do. it must
keep in view the preservation OF the general
rule. II Is not our purpose in this communica-a
tion to cypress any opinion to what ought to be
the final conclusion upon your application. The
commission is not yet prepared to give it's de-
cision, and the purpose Of this answer to your
telegram is merely to place before you some OF
the reasons which up to this time have pre-
Guided definite action. That injury results. to
parties interested in your road or to any other
persons. is sincerely regretted, and your belief
that such is the case will be kept in. mind as o
reason for action as prompt as shall seem oon-
sistent with duty. In these views the whole
commission concurs. t92
The letter is signed by Chairman Cooley.
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